Florida District Courts of Appeal, 2009

Orellana v. State

Orellana v. State
Florida District Courts of Appeal · Decided May 4, 2009 · Wolf, Kahn, Van Nortwick
8 So. 3d 485; 2009 Fla. App. LEXIS 4172; 2009 WL 1175320 (Southern Reporter, Third Series)

Orellana v. State

Opinion

PER CURIAM.

The appellant appeals an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. The appellant’s motion, timely filed pursuant to State v. Green, 944 So.2d 208, (Fla. 2006), alleges that the trial court did not inform the appellant of the possibility of deportation. Because the trial transcripts are no longer available, the lower court relied on a written plea agreement in summarily denying the appellant’s claim. Where an appellant alleges that the trial court did not inform the appellant of the possible deportation consequences of a plea, a written plea agreement is no substitute for a plea colloquy. See Perriello v. State, 684 So.2d 258, 259-60 (Fla. 4th DCA 1996).

Because the record now before us fails to conclusively refute the appellant’s claim, we reverse the order and remand for further proceedings.

REVERSED AND REMANDED for further proceedings.

WOLF, KAHN, and VAN NORTWICK, JJ., concur.

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